N.H. Senate votes to repeal the crime of adultery

The New Hampshire Senate is sending a bill to the governor’s desk that repeals the crime of adultery.

Senators passed the measure on a voice vote.

Adultery currently is a Class B misdemeanor punishable by a fine of up to $1,200. But the Judicial Branch reports that the law hasn’t been enforced in more than a decade.

The bill’s sponsor – Manchester Rep. Tim O’Flaherty – said he was motivated by a 2003 ruling by the New Hampshire Supreme Court that said same-sex partners in an adulterous affair could not be charged with adultery because of long-standing case law defining adultery as between a man and woman.

A spokesman for Gov. Maggie Hassan said she likely will sign the bill into law.